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CLARK v. TOWNSHIP OF FALLS

Nos. 89-1226, 89-1227, 89-1228.

890 F.2d 611 (1989)

David CLARK v. TOWNSHIP OF FALLS and James Kettler, individually and as Chief of Police of the Township of Falls and Charles Chimera, individually and as former Supervisor, Chairman of the Board of the Township of Falls, and August Baur, individually and as Township Manager of the Township of Falls. Appeal of Charles CHIMERA. David CLARK v. TOWNSHIP OF FALLS and James Kettler, individually and as Chief of Police of the Township of Falls and Charles Chimera, individually and as former Supervisor, Chairman of the Board of the Township of Falls, and August Baur, individually and as Township Manager of the Township of Falls. Appeal of TOWNSHIP OF FALLS and James Kettler. David CLARK, Appellee/Cross-Appellant, v. TOWNSHIP OF FALLS and James Kettler, individually and as Chief of Police of the Township of Falls and Charles Chimera, individually and as former Supervisor, Chairman of the Board of the Township of Falls, and August Baur, individually and as Township Manager of the Township of Falls.

United States Court of Appeals, Third Circuit.

Decided November 22, 1989.

Attorney(s) appearing for the Case

Joseph M. Fioravanti, Edward T. Lawlor, Jr. (Argued), Curran, Winning & Fioravanti, P.C., Media, Pa., for appellant/cross-appellee, Charles Chimera.

Kenneth L. Oliver, Jr. (Argued), Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for appellant/cross-appellee, Township of Falls.

Thomas W. Jennings, Thomas H. Kohn (Argued), Sagot & Jennings, Philadelphia, Pa., for appellant/cross-appellee, James Kettler.

Robert O. Baldi (Argued), Baldi & Cepparulo, P.C., New Hope, Pa., for appellee/cross-appellant, David Clark.

Before GIBBONS, Chief Judge, and SLOVITER and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

This appeal marks the latest skirmish in a regrettable and unseemly decade-long battle between appellee David Clark, on one hand, and one faction of supervisors and other officials in the Township of Falls, Pennsylvania, on the other hand. Over the years Clark, a lieutenant in the township police department, and appellants, the Township, Chief of Police James Kettler, and Charles Chimera, a former...

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